The ASSAM REQUISITION AND CONTROL OF VEHICLES ACT

ASSAM ACT XXXII OF 1950 
*THE ASSAM REQUTSTTJON AND CONTROL OF VEHICLES ACT; 1950 
• 
fPublished in the "A ssam Gazette , Extraordinary" , dated the 22nd November 
1950.] 
An 
Act to provide for the requisition and control of vehicles 
Preamble.-Whereas it is expedient to provide for the requisition and control 
of vehicles ; 
It is hereby enacted as follows :--
1. Short title, extent and: commcncement.-(1) This Act may be called the 
, Assam Requisition and Control of Vehicles Act, 1950. 
(2) It extends to the whole of Assam. 
(3) It shall [be deeme? to have c~me into force on the first day ,of October, I~, 
1950)1 and shall contlllue 111 force until the 30th day of September, [ 19 4)?-. v '! 1 
2. Definitions.- In this Act, unless there is anything repugnant in'""the · subject 
or context -
(a) "Owner" includes where the person in possession of the vehicle is a 
minor, the guardian of such minor, and in relation to a vehicle which is the subject 
of a hire purcha se agreement the person in possession of the vehicle under that 
agreement ; 
(b) "Prescribed" means prescribed by the rules made under this Act. 
(c) "State Government" means the Government of Assam. 
(d) "Vehicles" means any vehicle used or capable of being used for the 
purpose of transport of persons or goods upon roads or inland whaterways, whether 
propelled by mechanical power or not. 
*For statement of object and reasons see "Assam Gazette, Extraordinary", 
dated September 27, 1950, page 276. 
!Substituted by the Assam Requisition ·anrl Control ' of Vehicles {Amendment) 
Act, 1951, Act XII of I 951 for the words "come into force as from . the 
1st day of October, 1950" . 
2Substituted by the Ass?m Requisitio iL.and Controlof Vehicles {Amendment) 
Act, )953} (Act~VIII of (~?3 ) , for ·"1~~_3! ·/ "Jf,f 
\ c\ ~l t 'HI . 
~ 
3. Power to requisition vehicles. ~(!) If in the opinion of the State r~r"'"'""~··• · 
ment it is necessary or expedient to do so for purposes essential to the life of : 
community or for maintaining public order or for facility of public 
may pass !Ill order in writing requisitioning any vehicle and may make 
as may appear to it .to be necessary or expedient in connection wiTh such 
tioo. · . · 
(2) The State Government may requisition any vehicle by serving on 
owner thereof, or where the owner is not readily traceable or the ownership is 
dispute, by publication in the official" Gazette , an order under sub-section· (1). 
(3) If the owner of the vehicle does not, after service of the order in 
manner provided in sub-section (2), place the vehicle in possession of the authc,ritlV;~' 
mentioned therein, such authority may seize the vehicle from any person who 
for the time being be in possession thereof. 
(4) Where the State Government has requisitioned any vehicle it may 
or deal with it in such manner as may appear to, it to be expedient. 
4. Payment of compensation~-:-(!) Whenever in pursuance of. section 3, 
State Government requisitions any vehicle, there shall be paid to the owner 
compensation as may be agreed upon between him and the State Govern 
in the absence of such agreement, such compensation as may be determined 
Committee consisting of tbe Depuly Commissioner, the Executive Engineer, 
Works Department, and the Superintendent of Police of the District where 
vehicle is requisitioned. • 
[The Committee shall, after taking into consideration­
(a) the model, make, type, class and condition of the vehicle ; 
(b) the loss or damage, if any, sustained by the owner by reason 
req nisi tion ; , 
(c) the expense or inconvenience , if any, to which the owner is put 
reason of the requisition ; and 
(d) all other relevant factors, fix the compensation payable to the 
in respeect of the period of requisition at such rate, not exceeding Rs.25 
day, as the Committee may deem fair]'. 
(2) The compensation fixed under sub-section (1) shall be paid by 
officer or authority requisitioning the vehicle ; such officer or authority shall 
be bound to pay any dues outstanding on mortgages and other encum 
of tbe Fequisitioned vehlcle. 
(3) Release from requisition.- The officer or authority requisitioning 
vehicle or the Controller may at any time release the vehicle from requisition 
When it is decided <;O to do, a notice in writing shall be served Oll the own.er . 
take delivery of the vehicle on or within such date and from such place 
·such verson as may bt- specified therein. 
(4) With effect from such date no further liability for compensation 
payment vf any other kind shall lie with the officer or authority 
the vehicle : 
Provided such officer or authority may make such further payment on 
of compensatjon for any material damage done to the vehicle during the 
of requislbon, as assessed by the C,ammittee mentioned in sub-see:tion (3) ao,ove::.q·, 
· 1Substituted by Assam Act XII of 1951 for the words "In determining 
amount of compensation the Committee shall take into consideration the loss 
earning if any sustained by the owner by reason of requisition or the model; make, 
type, class and condition of the vehicle : · · 
Provided that the maximum rate of compensation payable to the owner 
not 'exceed-Rs.20 per day during the period of requisition" , · 
353 
(5) The delivery ~f possession ·of th~ vehicle to the owner or his accredited 
agent shall be a full discharge of any liability of. the State Government to deliver 
possession to such person as may hilVe rightful claim to possession thereof but 
shall not prejudice any right in respect -of such veliicle· which any other person 
may be entitled by due process of law to enforce against the person to whoiii 
possession of the vehicle is so delivered.c 
(6) If the owner fails to take dilivery of the vehicle -on or within the 
specified date the authority who passed 'the order of release of the vehicle may 
dispose of the same thl'-reafter : · 
Provided that such authorit) shall be competent to allow to the owner 
such. extension of time as be deems proper ~ithout an~' liability for any compen­
sation or other payment for the period of .extension . 
(7) The di~posal of a vehicle under sub-section (6) shall be by publiC; 
auction and at the risk of the: owner and the sale proceeds shall be made ovet 
to the owner after deducting any expenditure incurred by the authority releasing 
the vehicle due to he owner not taking delivery of it on or within the specified 
date. 
5. P(}wer to ohwJn informations.-The State Government may, with a view 
to requisitioning any vehicle under section 3 or determining the compensation 
payable under section 4, by order-
(a) require any person to furnish to such authority as may be specified 
in the order such information in his possession relating to the vehicle as may be 
specified; 
(b) dire.ct that th~ owner or the person in possession of the vehicle shall 
not without the permission of the State Government dispose of it or remove it 
till the expiry of such period as may be specified in the order from the prem is•;d 
or the place in which it is kept. 
6. Power to inspect.-Without prejudice to any powers otherwise conferred 
by this Act any person authorised in this behalf by the State Government may 
enter any place of premises and inspect any vehicle for the purpose of deter­
mining whether, and if so, in what manner an order under this Act should be 
made in relation to such · vehicle or with a view to securing compliance , with any 
order made under this Act. · · 
7. Restriction on removal of accessories.-No owner of any vehicle or any 
person b possession of it shall after service of order under section 3 remove or 
allow to be removed any part , tyre, tube or any other :1.ccessory or in any way """"'' 
in.iure the vehiCle or permit it to be injured so af: to reduce the usefulness of :.'JCh 
vehicle. 
8. Contr6l of vehlcle.s.-Not\vithstandlng any other provision of this Act 
the State Government may by order- · . 
(a) regulate , restri ct or give directions with respect to the use o~ any veh1-• 
de for the purpose of tran soort of passe!lgers or goods by r?ad o~ nver : . 
(b) require any person owning, or employed in connecho!l with, O! haymg 
in his possession or m1der his control, any vehicle to comply with any directiOns 
given by any ,person specified in, or duly authorised in pursuance ~f, the ord~r ; 
and such directions may require the person owning or employe_d m connectto~ 
with, or having in his possession or under his control , any ve~ICle to . use such 
vehicle for the conveyance of such perso11s or goods at sucl:t t1me .,and by such 
routes as may be set forth in the directions ; · 
354 
(c) prescribe the conditions · subject to· which, anq the rates at which, 
·veijiele may he-. hir.ed for the purpose of~ transport of persons or goods by 
or river , !ln.d_ .the . cond!tions subject to which goods so carried 0r to be carried 
may be . di~.charge(;l , or loaclecl ; 
· . .(d) . prov.ide for prohibiting or restricting the carriage of persons oc goods 
of any class by any route and for prescribing the radius or di~>tance within which 
persons or goods of any class may be carried by any route ; 
' (e) make - such · other provisions in relation to transport by any vehicle 
by road or inland water · as appear to the State Government to be necessary or 
expedient for seeouring public safety, the maintenance of public order or for 
maintaining , supplies and services essential to the life of the community : 
Pro.v,ided that any ordei or directipn made under this · Act or undeF any 
rule made under section 15 of this Act shall have effect notwithstanding any­
thing inconsistent therewith contained in any enactment other than this Act or 
· in any instrument having effect by virtue vf any enactment other than this Act. 
9 ... Delegation of fllD'ctions.- The State Government may by order direct 
any power or duty which is conferred or imposed on the State Government 
this Act shall in such circumstances and under such conditions, if any, as may : be · 
specified in that direction, be exercised or discharged by any officer or authority 
subordinate to ·. it. 
10. . Compliance with order o-r direction.-Any person on whom an order is 
served or to whom a direction is made under provisions . of this Act shall carry 
out such -order or direction in such manner and within such time as may be spe· 
cified . therein . · 
. . . U. Protection of action taken under the Act.-(1) No suit, p)!osecution or 
othel' legal _proceeding shall lie against any person for anything in good faith 
don_e or intended to be c:lone in pursuance of this Act, or any rules .. made there­
under or any order issued under any such ruJe. · . . _ 
(2) No suit or other legal proceeding shall lie against the State Govern­
ment for ·any damage caused or likely to be caused by anything in . good fait~ 
done ' ol' intended to be done in pursuance of this Act or any rules made there- _ 
under or -any order issued under any such rules . 
. 12. Savings.-(1) No order made in exercise of any power conferred by or:, 
under this Act shall be called in question in any Court of law. 
(2) Where any order purports to have been made or signed by any autho­
rity in exercise of any power conferred by or under this Act, a Court shall, 
within the meaning of Indian Evidence Act, 1872 (Act I of 1872); presume that 
sueh · order was .so made by that authority. • , 
lo3. Penalt.ies;-If any -person contravenes any order -· or diJection made under 
this Act, he · shall be punishable with imprisonment for a term whic:h may extend 
to six months or fine not exceeding one thousand rupees or with both . . 
14. Power to arrest without warrant.-Any police officer of or above the 
rank of a Sub-Inspector may arrest without warrant any :.person who is reasonably 
suspected of having committed an offence punishable under this Act. · · 
15. Po~er to make rul~s.-(1) The State Government may, .subject to the 
conditi0n of previous pubiication, make rules to 'give effect to the pur,poses 
-this-Act . . 
(2) In pa~ticular and : without. prejudice tp the generality of tl).e .foregoin,.g 
· -.p0W!t11~ ; · such rules may preseribe- · · 
c' '·' ~ : ~a) , the manner in which and the authority to whom appealS may be 
sti•tuted ; , · : · · 
(b) all matters which are requ-ir~d,. by this ,Act to be prescribed. 
355 
16. Savings.-On the expiration of this Act, such expiration shall not.-
(a) affect any penalty or punishment incurred in respect of any offence 
committed under this Act before lts expiration ; or 
(b) affect any investigation, legal proceeding or remedy in respect of any 
such penalty or punishment as aforesaid, and any such investigation, legal pro­
ceeding or remedy may be instituted, continued or enforced and any such penalty 
or punishment may be imposed as if this Act had not expired. 

‹ Prev All Assam acts Next ›